News & Analysis as of

Credit Cards

Sheppard Mullin Richter & Hampton LLP

Illinois Delays Interchange Fee Ban by One Year

On June 1, the Illinois General Assembly passed a bill that, if enacted, will delay the effective date of the Interchange Fee Prohibition Act by one year, from July 1, 2025, to July 1, 2026. The law prohibits financial...more

Cadwalader, Wickersham & Taft LLP

Heating Up, June 2025 - Changes to CFPB Actions and Interpretations

It has been difficult to keep up with all of the changes that have been happening with Consumer Financial Protection Bureau (“CFPB”) lawsuits and interpretations because the CFPB has not been sending out press releases...more

BakerHostetler

California Courts Split on Whether To Dismiss Song-Beverly Credit Card Act Claims for Online Purchases

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Ten years ago, a California Court of Appeal determined that the Song-Beverly Credit Card Act of 1971 (also the Act), an act that prohibits retailers from requiring consumers’ personally identifiable information (PII) as a...more

Stinson LLP

Changes to Virginia and Oklahoma Surcharge Laws

Stinson LLP on

As this year’s legislative session is wrapping up, two states, Virginia and Oklahoma, enacted legislation to reform their laws related to surcharges. May 2, 2025, Virginia Gov. Glenn Youngkin signed Senate Bill 1212 to amend...more

Orrick, Herrington & Sutcliffe LLP

Second Circuit sides with bank in FCRA case

On May 28, the U.S. Court of Appeals for the Second Circuit affirmed a judgment issued by a district court judge in U.S. SDNY dismissing a plaintiff-appellant’s claims under the FCRA for allegedly failing to reasonably...more

Orrick, Herrington & Sutcliffe LLP

Illinois amendment to delay the effective date of its Interchange Fee Prohibition Act passes both chambers

On May 31, the Illinois General Assembly passed legislation to defer the effective date of the Interchange Fee Prohibition Act by one year until July 1, 2026. As previously covered by InfoBytes, Illinois originally enacted...more

Troutman Pepper Locke

Second Circuit Explains Reasonable Investigation Standard in Identity Theft Case Under FCRA

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In a recent decision, the U.S. Court of Appeals for the Second Circuit clarified the expectations for furnishers when investigating consumer disputes under the Fair Credit Reporting Act (FCRA). In Suluki v. Credit One Bank,...more

Bass, Berry & Sims PLC

Bedlam No More: Oklahoma Formally Allows Credit Card Surcharges

On May 28, Oklahoma enacted SB 677, which became law without the signature of Oklahoma Governor Kevin Stitt. This new law repeals Oklahoma Statute Title 14A, Section 2-417, which previously barred sellers from imposing a...more

Blake, Cassels & Graydon LLP

Aperçu de l’évolution de la réglementation dans le secteur canadien des paiements en 2025

Les modifications réglementaires apportées à l’écosystème canadien des paiements redéfinissent le risque opérationnel, les obligations en matière de conformité et les modalités commerciales dans l’ensemble du secteur....more

Orrick, Herrington & Sutcliffe LLP

South Carolina high court will no longer rule on debt collector case

On April 30, the South Carolina Supreme Court reversed course by declining to issue a ruling on debt-collection practices. The state high court issued an order dismissing the case, ruling that a writ of certiorari was...more

A&O Shearman

FCA policy statement on new regulatory return for consumer credit firms

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The UK Financial Conduct Authority (FCA) has issued a final policy statement (PS25/3) on consumer credit regulatory returns, published together with an updated webpage. The FCA is introducing a new regulatory return for...more

Blake, Cassels & Graydon LLP

The Shape of Things to Come: Regulatory Developments in Canadian Payments 2025

Regulatory updates to Canada’s payments ecosystem are reshaping operational risk, compliance obligations and commercial terms across the sector. From interest rate thresholds to anti-money laundering safeguards, there are...more

Orrick, Herrington & Sutcliffe LLP

CFPB states it will not enforce rule targeting Buy Now, Pay Later loans

On May 6, the CFPB announced it will not prioritize enforcement of its May 2024 interpretive rule which classified Buy Now, Pay Later providers as credit card issuers subject to TILA and Regulation Z (covered by InfoBytes...more

Goodwin

CFPB Reports on Consumer Complaint Trends

Goodwin on

The Consumer Financial Protection Bureau (CFPB) recently issued its annual report analyzing the consumer complaints it received in 2024.  The CFPB collects complaints through its website, phone calls, and mail....more

Kilpatrick

CFPB Credit Card Late Fee Rule Vacated by Banking Trade Group Lawsuit

Kilpatrick on

The CFPB's 2024 final rule on credit card late fees has been vacated as a result of the lawsuit filed by several banking industry trade groups challenging the rule’s validity....more

Orrick, Herrington & Sutcliffe LLP

CFPB drops CFPA, TILA-related case

On April 23, the CFPB filed a notice of dismissal pertaining to its lawsuit filed in the U.S. District Court for the Western District of Pennsylvania against a credit card company and its CEO. The CFPB alleged the company...more

Goodwin

CFPB Agrees To Eliminate $8 Cap on Credit Card Late Fees

Goodwin on

On April 15, 2025, the U.S. District Court for the Northern District of Texas vacated a Consumer Financial Protection Bureau (CFPB) rule that capped credit card late fees at $8....more

Sheppard Mullin Richter & Hampton LLP

FDIC Orders Bank to Pay $1.225 Billion for Alleged Interchange Fee Misclassification 

On April 18, the FDIC announced a consent order against a Delaware-based bank alleging that the bank engaged in unsafe and unsound banking practices and violated various federal consumer protection laws, including Section 5...more

Sheppard Mullin Richter & Hampton LLP

CFPB Late Fee Rule Vacated by Texas Federal Court 

On April 15, Judge Mark T. Pittman of the U.S. District Court for the Northern District of Texas entered an Order and Final Judgement vacating the CFPB’s 2024 credit card late fee rule (previously discussed here) for...more

Sheppard Mullin Richter & Hampton LLP

CFPB Drops Suit Against Credit Card Company Alleging TILA Violations and Deceptive Marketing Practices

On April 23, the CFPB voluntarily dismissed with prejudice its lawsuit, filed in September 2024, against a Pennsylvania-based credit card company that had been accused of unlawfully marketing a high-cost, limited-use...more

Orrick, Herrington & Sutcliffe LLP

CFPB gets its credit card late fee rule tossed

On April 15, the U.S. District Court for the Northern District of Texas vacated the CFPB’s Credit Card Late Fee Rule pursuant to a joint motion for entry of consent judgment reached by the parties. The court found the CFPB’s...more

Orrick, Herrington & Sutcliffe LLP

FDIC orders state bank to pay $1.375B

On April 18, the FDIC announced that it amended its 2023 consent order against an insured state nonmember bank, as well as issued a new order for restitution and order to pay, concluding the bank recklessly engaged in unsafe...more

Holland & Knight LLP

CFPB Credit Card Late Fees Rule Vacated by Texas District Court

Holland & Knight LLP on

On April 15, 2025, Judge Mark T. Pittman of the U.S. District Court for the Northern District of Texas entered an order and final judgment vacating the CFPB's credit card penalty fees rule (the Late Fee Rule). Judge Pittman's...more

McDermott Will & Emery

New PCI DSS 4.0 Credit Card Compliance Requirements Effective April 1, 2025

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As of April 1, 2025, all merchants and third-party service providers (TPSPs) involved in processing credit or debit card payments must fully adhere to the enhanced security requirements outlined in the Payment Card Industry...more

Ballard Spahr LLP

Federal Judge voids CFPB credit card late fee rule

Ballard Spahr LLP on

At the request of both sides of the lawsuit, a federal judge has voided the CFPB’s credit card late fee rule....more

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